5.  The applicant was born in 1963 and lives in Tomsk.
6.  The regional security service (the “FSB”) suspected the applicant and F. of involvement in a number of crimes including extortion and kidnapping. On an unspecified date the FSB agents received information indicating that the applicant and F. had beaten Ch. to death. They accordingly informed the investigator from the regional prosecutor’s office who was in charge of the investigation into Ch.’s death. The investigator asked the officers to arrest both suspects.
7.  On 25 May 2006 the FSB officer D. telephoned the applicant and asked him to come over to the FSB premises to make a photocopy of his passport.
8.  On the same day M., a friend of the applicant’s, drove the applicant to the FSB office. The applicant entered the FSB premises at about noon. M. waited for him for about two hours and then drove off.
9.  At the FSB premises the applicant was taken to office no. 320 and handcuffed. According to the applicant, in the office the FSB officers had started kicking and punching him, urging him to confess to Ch.’s murder. They had stuffed a cloth into his mouth to stifle his cries. From time to time they had put a bag over his head to suffocate him. The beatings had lasted several hours. During that time the applicant did not received any food. Before the investigator’s arrival, the officers had let the applicant wash the blood off his face and clean up his clothes.
10.  At 10.54 p.m. of the same day, 25 May 2006, the investigator in charge of the criminal case drew up the record of the applicant’s arrest at the FSB premises. According to the arrest record, the applicant was arrested at 12.30 p.m. on the same day. The document contained the following statement made by the applicant:
“I have nothing to do with Ch.’s murder; [I] have no comments as regards [my] arrest.”
11.  After the questioning the FSB officers took the applicant to the temporary detention centre in the regional police department. The officers on duty at the centre refused to admit the applicant because he appeared to be injured. The FSB officers then took the applicant to a hospital, where he was examined by a doctor. The doctor documented the following injuries on the applicant’s body: “contusion of the right side of the chest, the right knee joint and the soft tissue of the head”.
12.  On 26 May 2006 the applicant was taken back to the temporary detention centre. On the same day he was transferred to remand prison no. IZ-70/1. Upon arrival, the applicant was examined by a paramedic who documented the following injuries: two yellowish bruises on the right shoulder joint measuring 2 by 3 cm and a pinkish semi-round bruise on the right wrist. The applicant informed the officer on duty that his injuries had been inflicted by FSB officers.
13.  On 28 May 2006 the applicant complained to the prison doctor about a pain of medium intensity in the lower ribcage. The doctor examined the applicant, diagnosed him with a contusion of the right side of the chest and prescribed treatment.
14.  On 31 May 2006 the governor of the remand prison, referring to the applicant’s allegations that he had been beaten up while in the FSB custody, forwarded the relevant documents to the prosecutor’s office.
15.  On 27 June 2006 a military investigator, Ts., questioned the applicant about his injuries. The latter refused to make any statement in this regard.
16.  On 3 July 2006 Ts. found the applicant’s allegations of ill-treatment unsubstantiated and decided not to institute criminal proceedings into the matter. The relevant part of the decision reads:
“[On 25 May 2006] at about 12.30 p.m. [the applicant] reported to [the FSB premises]. [Officer V.] took [the applicant] to office no. 320 ... . V. noticed that [the applicant] was limping and had a small abrasion on his forehead. In office no. 320 he handcuffed [the applicant] for security reasons until the arrival of the investigator from the prosecutor’s office, and in order to prevent any potential resistance. No other restraint equipment was used on the applicant.
...
[On 26 May 2006] [the applicant] was transferred to remand prison no. IZ-70/1 where a paramedic documented his injuries – contusions on the right side of the chest and soft tissue of the head.
[The applicant] explained ... that the injuries had been inflicted on him by FSB officers [at the FSB premises] on 25 May 2006. However, he provided no detail as to the circumstances under which he had sustained the injuries. Nor did he give the names of the alleged perpetrators.
...
The [applicant’s allegations] should be viewed critically as he was angry with the officers who arrested him.
Having regard to the above, it should be concluded that officer V. did not use any force [against the applicant] and did not abuse his official capacity.”
17.  On 7 July 2006 the applicant received a copy of the decision of 3 July 2006. He did not at that moment in time take any further action.
18.  On 2 July 2007 the applicant was found guilty of manslaughter by the District Court and sentenced to eight years’ imprisonment (see paragraphs 29-32 below). Thereafter, on 12 September 2007, the applicant submitted an appeal to the Military Court of the Tomsk Garrison against the decision of 3 July 2006 not to institute criminal proceedings in respect of the alleged ill-treatment (see paragraph 16 above). He submitted that officer V. had witnessed the beatings but had not taken part in them. He further claimed that he had refused to make any statement about the beatings earlier for fear of retaliation by the FSB officers.
19.  On 21 September 2007 the Military Court upheld the decision of 3 July 2006. The court noted that the applicant had not previously complained about the beatings, had not co-operated with the military investigator who had conducted the inquiry into the matter and had challenged the decision of 3 July 2006 after more than a year’s delay. The court also pointed out, addressed to the head of the FSB Department, that the record of the applicant’s arrest had been prepared ten hours after the actual arrest, in contravention of the applicable rules of criminal procedure which require such records to be prepared within three hours. On 22 January 2008 the Military Court of the North-Siberian Command upheld the decision of 21 September 2007 on appeal.
20.  According to the Government, following the court’s ruling of 21 September 2007, the FSB Department conducted an internal inquiry. The officers responsible for the belated recording of the applicant’s arrest were subjected to disciplinary sanctions.
21.  On 1 October 2007 the applicant lodged another complaint with the Tomsk military prosecutor’s office, again seeking criminal prosecution of the FSB officers who had, allegedly, subjected him to ill-treatment on 25 May 2006.
22.  On 30 October 2007 military investigator K. refused to institute criminal proceedings against the alleged perpetrators. The refusal was not based on the fact that the issue had already been examined (see paragraphs 14-20 above). The investigator relied on the statements made by the FSB officers, who denied the applicant’s allegations and claimed that they had not used force against him while he was in their custody. The investigator summarised his conclusions as follows:
“... In the light of the evidential material relating to the present inquiry, it should be concluded that there is insufficient information showing that a crime was committed. The [applicant’s] allegations concerning the use of force against him by the FSB officers [and] the medical documents certifying [his] injuries are an insufficient basis on which to institute criminal proceedings. Besides, it is apparent from the minutes of the [applicant’s] trial that [he] alleged that the FSB officers had used force against him so that he could claim that his statement about the circumstances of the case had been obtained through coercion, even though that statement was supported by other evidence collected in the course of investigation. Accordingly, the [applicant’s] allegations about the use of force against him should be viewed critically.”
23.  On 19 February 2008 the first deputy military circuit prosecutor decided to refer the applicant’s complaint for an additional inquiry. He stated that the decision of 30 October 2007 had been premature and unsubstantiated. He also pointed out the following shortcomings regarding the inquiry:
“The inquiry failed to establish the origin of the [applicant’s] bodily injuries.
The investigator did not question the individuals who could have confirmed that [the applicant] did not have any injuries prior to his arrival at the FSB premises.
[The investigator] did not question [the FSB security guards who had been on duty at the FSB premises on 25 May 2006] about the applicant’s injuries.
The investigator failed to verify whether the applicant’s arrest and detention at the FSB premises had been in compliance with the applicable regulations.”
24.  On 5 April 2008 military investigator K. issued a new decision refusing to institute a criminal investigation into the applicant’s allegations of ill-treatment. Following the supervising prosecutor’s instructions (see paragraph 23 above), the investigator conducted an additional inquiry. He questioned the applicant, M. and the FSB security guards who had been on duty at the FSB premises on 25 May 2006. He summarised their statements as follows:
“[The applicant] ... reiterated his earlier explanations as to how the FSB officers had used force against him. He explained that he had not had any injuries prior to his arrival at the FSB premises, that he had not visited any medical institutions and that he had not undergone any medical examination prior to his arrival at the FSB premises. M., an acquaintance of his, had given him a lift to the FSB premises.
... M. ... stated that he had known [the applicant] for a long time ... . On 25 May 2006 he had given [the applicant] a lift to the FSB premises. He had not seen any injuries on the [applicant’s] face. [The applicant] had worn clothes and had not taken them off in his presence, so he was unable to say if [the applicant] had had any injuries on the parts of his body covered by the clothes. After [the applicant] had entered the FSB premises, he had waited for him for about two hours and then left.
Each of [the FSB guards] Voyt. and T. stated that ... they did not know [the applicant]. ... [On 25 May 2006] they had not seen any persons with bodily injuries at the FSB premises. During their shift they saw no individuals with injuries [enter] the FSB premises. They had no recollection of seeing [the applicant] enter the FSB premises.
Having examined the evidential material collected in the course of the additional inquiry and the material obtained earlier, it may be stated that there is no evidence which would unambiguously confirm that the applicant had not had any injuries prior to his arrival at the FSB premises ... . M.’s statement that [the applicant] had not had any injuries prior to his arrival at the FSB premises cannot be taken into account as M. has known [the applicant] for a long time and might corroborate the [applicant’s] allegations in view of their relationship.”
25.  On 15 October 2008 the head of the military investigating unit quashed the decision of 5 April 2008 and ordered a further inquiry into the applicant’s allegations. He considered the decision to be premature and unsubstantiated in view of the investigator’s failure (1) to question potential witnesses who could have confirmed that the applicant did not have any injuries prior to his arrest and detention and (2) to determine whether the applicant’s detention on the FSB premises on 25 May 2006 had been lawful.
26.  On 22 October 2008 investigator K. again refused to institute criminal proceedings against the FSB officers. He summarised his findings as follows:
“As regards the [applicant’s] detention at the FSB premises by officers Ch. and V. on 25 May 2006 using handcuffs and their failure to provide him with any food and to draw up a record of his arrest ... , [the trial court] examined those facts and found them to amount to a serious violation of the [applicant’s] rights as set out in the Russian Code of Criminal Procedure ... . However, Ch. and V.’s actions are not liable to criminal prosecution and do not disclose any constituent elements of the offence.
When questioned ... , [the applicant] reiterated his allegation about the circumstances of the use of force by the FSB officers against him and suggested that his [brother] D. and a Ms I. should be questioned.
Both D. and I. ... submitted that [the applicant] had not had any injuries in May 2006 before going to the FSB premises and that he had not taken part in any fight the day before.
The statements ... given by D. and I. cannot be taken into account because they are both biased and would support the [applicant’s] allegations if asked to do so by him. Furthermore, according to D., I. did not see [the applicant] [on the day] when he left to go to the FSB premises; at that time she was at her own place of residence ... . Nevertheless, I. claimed that [on that day] she had been at [the applicant’s home] and had not seen any injuries on him. [The applicant] ... stated that, when he had left to go to the FSB premises, I. and D had been [at his place].
These contradictions may indicate that D. and I.’s statements as regards the absence of injuries on [the applicant’s] body were also false ... .
... M.’s statement that [the applicant] did not have any bodily injuries prior to his arrival at the FSB premises cannot be taken into account. M. has known [the applicant] for a long time. He may now be supporting the [applicant’s] allegations because of their relationship.
It is apparent from ... the arrest record of 25 May 2006 that [the applicant] did not make any statement concerning the origin of the injuries in the presence of his lawyer and the investigator ... . ... [The applicant] only started complaining about ill-treatment after his conviction ‒ a fact which casts reasonable doubt on the veracity of [his] allegations. Therefore, his statements cannot serve as justification for opening a criminal investigation against FSB officers.
...
At the inquiry stage, a forensic medical examination to determine the time and nature of the injuries cannot be conducted for the lack of any legal basis. At the same time, according to the opinion of the medical forensic expert Mel., who had studied the medical documents concerning the [applicant’s] injuries, the yellowish colour of one of the bruises shows that [the applicant] might have sustained it some five to seven to nine days prior to the medical examination. ... Although the pinkish colour of another bruise indicates that it might have been sustained no later than three days before the examination, this one bruise would not be commensurate with the intensity of the alleged beatings and the number of persons involved in beating the [applicant]. Furthermore, from the explanation provided by the forensic medical expert it is apparent that the possibility of the bruise having been sustained more than three days before [the medical examination] should not be ruled out. The expert could not assess the contusions [sustained by the applicant] for the lack of objective criteria necessary for such assessment.
Even though the medical documents examined in the course of the present inquiry contain information about the [applicant’s] injuries, [they] do not prove that the injuries were caused by actions of FSB officers at the FSB premises. Furthermore, it is apparent from the statements given by FSB officers V. and Ch. that [the applicant] was limping when he arrived at the FSB premises. This fact could signify that [the applicant] had sustained the injuries prior to his arrival at the FSB premises in circumstances not disclosed by him.
... In the light of the evidential material collected in the course of the inquiry, it must be acknowledged that there is not sufficient evidence indicating that a crime has been committed in respect of [the applicant]. The [applicant’s] complaint ... together with the medical documents confirming that [the applicant] had certain injuries which he had, in part, sustained prior to his contact with the FSB officers and which, in part, he might have sustained prior to his arrival at the FSB premises, cannot be deemed to constitute sufficient grounds for instituting criminal proceedings. In this connection, it should be noted that the inquiry has established circumstances that cast doubt on the veracity of the [applicant’s] allegations.”
27.  On 22 December 2008 the head of the military investigating unit quashed the decision of 22 October 2008, due to procedural irregularities. The investigator K. had failed (1) to specify the constituent elements of the offence which he had been unable to establish in the course of the inquiry and (2) to specify the names of the alleged perpetrators.
28.  On 31 December 2008 the investigator K. issued another decision refusing to institute criminal proceedings in response to the applicant’s complaint. On 25 February 2009 the supervising prosecutor found the decision lawful and well-founded.
29.  On 26 May 2006 the Oktyabrskiy District Court of Tomsk remanded the applicant in custody pending investigation on suspicion of murder. On an unspecified date the applicant was formally charged with manslaughter. He remained in detention during the investigation and trial.
30.  On 2 July 2007 the District Court found the applicant guilty as charged and sentenced him to eight years’ imprisonment.
31.  On 15 May 2008 the Tomsk Regional Court quashed the applicant’s conviction on appeal and forwarded the matter for fresh consideration.
32.  According to the applicant, on 19 June 2009 the District Court found him guilty of battery and sentenced him to 140 hours of compulsory labour. Moreover, it relieved the applicant from serving a sentence due to the statute of limitations. The applicant was released on the same day.